Wednesday, 28 May 2014

Rapporteur Boriss Cilevičs, a member of the Council of Europe's Parliamentary Assembly from Latvia, has written a report aimed to support and further strengthen the independence of the European Court of Human Rights. The report reads, in its first part, as a concise introduction to the theme of how the Court is organised and how judges are elected. It then goes on to touch upon a number of specific matters and upcoming reforms related to protecting the factual independence of judges. This ranges from criteria of age and retirement, through privileges and immunities to social security and pensions. The report deals, for example, with the post-Court life of judges, noting the following:

"... a number of former judges of the Court have experienced difficulties in finding employment. In some extreme cases, these difficulties may, purportedly, be caused by an ’insufficiently patriotic’ position of judges taken on prominent cases against their own states. To put it plainly, an ’overly principled stand’ by a judge may entail an element of ‘revenge’ by national authorities upon the judge’s retirement. The risk of similar treatment for a serving judge may compromise judicial independence."

The report, finally, also addresses concerns about the independence of the Court's support staff, the Registry, on the specific issue of staff seconded from state parties and on staff on temporary contracts. The report ends with a positive note - the Court as the crown jewel of the Council of Europe - but simultaneously remarks that on the specfic points dealt with there is still room for improvement.

Monday, 26 May 2014

Maya Sigron has written a monograph on the concept of legitimate expectations under the right to property. The book, entitled "Legitimate Expectations Under Article 1 of
Protocol No. 1 to the European Convention on Human Rights" has been published with Intersentia. This is the abstract:

This book provides a thorough evaluation of
the complex relationship between legitimate expectations and the protection of
property guaranteed by Article 1 of Protocol No. 1 to the European Convention
on Human Rights.

To set the context, the book first gives a
brief but comprehensive analysis of property rights from Ancient Greek times
until now. Subsequently, it compares the protection of legitimate expectations
with its underlying principles in other legal orders.

The book’s core addresses three main research
questions: What are the conditions for the creation and protection of
legitimate expectations in the context of Article 1 of Protocol No. 1? What
role do confidence, detriment and fair balance play in that context? What
purpose do legitimate expectations fulfil in the context of Article 1 of
Protocol No. 1?

To answer these questions, the author
conducts an extensive analysis of the European Court of Human Rights’ case-law
related to legitimate expectations under Article 1 of Protocol No. 1. On the occasion
of this analysis, she collects and lists the main misunderstandings with
respect to legitimate expectations in cases brought before the European Court
of Human Rights under Article 1 of Protocol No. 1.

The conclusion assesses the major results
and paves the way for future debate about the doctrine of legitimate
expectations under Article 1 of Protocol No. 1.

Thursday, 8 May 2014

The Center for European Law of the University of Bologna, in cooperation with King’s College London and the University of Strasbourg are organising their XIVth joint edition of the Summer
School on the protection of fundamental rights in Europe. The Summer School, to be held in French and English, will be held from the 30th of June to
the 4th of July in the magnificent venue of the Castle of Bertinoro.In particular, emphasis will be placed on the European Convention of Human Rights - the rights it guarantees, the system of protection it creates – and the European Charter of Fundamental Rights. In this context the relationship between the European Court of Justice and the European Court of Human Rights will be discussed. Full details on content and registration can be found here.

Wednesday, 7 May 2014

The Council of Bars and Law Societies of Europe (CCBE) has published a special guide entitled 'The European Court of Human Rights - Questions and Answers for Lawyers' online. The small booklet can be seen as a very practical, albeit also quite basic (it includes only "key information", as the editors state) introduction to the aspects of the Strasbourg system relevant to practicing lawyers. Questions answered range from "How should ECHR case law be invoked in the
national proceedings?" to "Can applicants obtain legal aid in respect
of proceedings before the Court?" Many answers include links to further relevant information. This is the abstract of the guide:

"This guide is directed at lawyers intending
to bring a case before the ECHR. The guide, which is a list of questions and
answers, contains information and practical advice for proceedings before
national courts prior to application to the ECHR, before the Court itself, and
during the enforcement of the Court’s judgments.

A number of questions are covered in the
handbook, including: at what stage of proceedings before national courts should
human rights violations be pleaded under the European Convention of Human
Rights; how to submit an application to the Court; the technical aspects of
proceedings; and the role of a lawyer once a judgment has been rendered. Also
included are reference to tools and resources available for parties and their
lawyers."

Friday, 2 May 2014

On Friday 13 June, Oxford Brookes University and the Council of Europe are organising a conference in Strasbourg entitled 'Fundamental Rights in Europe: A Matter for Two Courts'. The event is meant to discuss and disseminate the research emerging from two projects. First, a study of the British Academy entitled 'Reflections on the Architecture of the European Union after the Treaty of
Lisbon: The European Approach to Fundamental Rights'. Secondly, research as a result of an earlier conference with the same title which was held at Oxford Brookes in January 2013. Te Strasbourg event is "addressed to
policy makers of the Council of Europe, the Council of the EU, the EU
Commission, and the European Parliament, judges of the CJEU and the ECtHR, and
scholars working in the field of fundamental rights." The full conference programme as well as information on registration can be found here.Please email Dr Sonia Morano-Foadi smorano-foadi at brookes.ac.uk if
you wish to receive a copy of the Report which will be presented on 13th June
2014